Terms and Conditions
PLEASE READ!
REQUIRES CONSIDERATION FOR AND AS A CONDITION OF ALLOWING YOU ACCESS TO WWW.DIVINICHI.COM
PLEASE READ THE COMPANY’S TERMS AND CONDITIONS AND THE PRIVACY POLICY CAREFULLY. ALL PERSONS ARE DENIED ACCESS TO THE WEBSITE UNLESS THEY READ, ACKNOWLEDGE AND ACCEPT THE TERMS AND CONDITIONS AND THE PRIVACY POLICY, WHICH IS INCORPORATED HEREIN BY REFERENCE.
Acceptance of the Terms and Conditions
READING AND ACCEPTING DIVINICHI, LLC’S (THE “COMPANY,” “WE,” OR “US”) TERMS AND CONDITIONS AND READING AND ACCEPTING THE COMPANY’S PRIVACY POLICY ARE REQUIRED IN ORDER FOR YOU TO HAVE THE RIGHT TO ACCESS, VISIT, READ OR INTERACT WITH ANY PORTION OF WWW.DIVINICHI.COM AND/OR THE COMPANY’S MOBILE APPLICATION (COLLECTIVELY REFERRED TO AS, THE “WEBSITE”), INCLUDING THE RESOURCES, CONTENT, SERVICES, PRODUCTS, AND TOOLS AVAILABLE THEREON (HEREAFTER REFERRED TO AS THE “COMPANY SERVICES”), EITHER DIRECTLY OR INDIRECTLY.
These Terms and Conditions are entered into by and between You and the Company. The following terms and conditions, together with any documents they expressly incorporate by reference (collectively, “Terms and Conditions”), govern your access to and use of the Website and Company Services, whether as a guest or a registered user, and regardless of the device used to access the Website.
BY VIEWING, VISITING, USING, OR INTERACTING WITH ANY PORTION OF WEBSITE OR THE COMPANY SERVICES, OR WITH ANY BANNER, POP-UP, OR ADVERTISING THAT APPEARS ON WEBSITE, YOU ARE AGREEING TO ALL THE PROVISIONS OF THESE TERMS AND CONDITIONS, AND THE COMPANY’S PRIVACY POLICY.
The Website is offered and available to users who are 18 years of age or older. By using the Website, you represent and warrant that you are of legal age to form a binding contract with the Company and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Website. However, the Company Services are suitable for persons of all ages; use of the Company Services on persons under 18 years of age must only be done under the direct and close supervision of a parent or guardian, after consulting with the proper medical professionals, in order to be in compliance with these Terms and Conditions.
Changes to the Terms and Conditions
These Terms and Conditions may be updated at the sole discretion of the Company at any time without notice. All changes are effective immediately when posted and apply to all access to and use of the Website and Company Services thereafter. Your continued use of the Website following the posting of revised Terms and Conditions will constitute acknowledgment and agreement of the modified terms and conditions. You are expected to check the Terms and Conditions from time to time so you are aware of any changes, as they are binding on you.
Errors and Omissions; Reliance
The Website and Company Services are resources of information that are intended, but not promised or guaranteed, to be correct, complete, and up-to-date. We have taken reasonable steps to ensure that the information contained on the Website and Company Services is accurate, but we cannot represent that the Website or Company Services are free of errors, complete, or up-to-date. Any of the material on the Website or Company Services may be out of date at any given time, and we are under no obligation to update such material. You accept that the information contained on the Website or Company Services may be erroneous and agree to conduct due diligence to verify any information obtained from this Website and/or the Company Services prior to taking any action.
You expressly agree not to rely upon any information contained in the Website or Company Services. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on the Website or Company Services by you or any other visitor to the Website, or by anyone who may be informed of any of its or the Company Services’ contents.
Disclaimer
NOTHING ON THIS WEBSITE, NOR ANY OF THE COMPANY SERVICES ARE INTENDED TO BE TAKEN AS, NOR SHOULD THEY BE UNDERSTOOD OR CONSTRUED TO BE, MEDICAL ADVICE OR TREATMENT, AND YOU EXPRESSLY AGREE THAT THE COMPANY SERVICES DO NOT INVOLVE THE PROVISION OF MEDICAL ADVICE OR TREATMENT BY COMPANY. NEITHER THE WEBSITE NOR COMPANY SERVICES ARE INTENDED TO DIAGNOSE, TREAT, CURE, OR PREVENT ANY DISEASE OR MEDICAL CONDITION, OR TO PRESCRIBE ANY PARTICULAR KIND OF MEDICATION OR TREATMENT; THEY ARE FOR INFORMATIONAL AND EDUCATIONAL PURPOSES ONLY AND CANNOT REPLACE THE SERVICES OF PHYSICIANS OR MEDICAL PROFESSIONALS.
THE WEBSITE AND COMPANY SERVICES, INCLUDING ALL INFORMATION, TEXT, PHOTOGRAPHS, IMAGES, ILLUSTRATIONS, GRAPHICS, AUDIO, VIDEO, AND AUDIO-VIDEO CLIPS, AND OTHER MATERIALS, WHETHER PROVIDED BY US OR THIRD PARTIES, IS NOT INTENDED TO BE AND SHOULD NOT BE USED IN PLACE OF (a) THE ADVICE OF YOUR PHYSICIAN OR OTHER MEDICAL PROFESSIONALS, (b) A VISIT, CALL, OR CONSULTATION WITH YOUR PHYSICIAN OR OTHER MEDICAL PROFESSIONALS, OR (c) INFORMATION CONTAINED ON OR IN ANY PRODUCT PACKAGING OR LABEL.
YOU UNDERSTAND THAT SOME OF THE INFORMATION ON THE WEBSITE AND THE COMPANY SERVICES ARE NOT UNIVERSALLY ACCEPTED AS EVIDENCE-BASED PRACTICE AND IS NEITHER SPONSORED, APPROVED, RECOMMENDED NOR ENDORSED BY THE USDA (UNITED STATES DEPARTMENT OF AGRICULTURE), FDA (FOOD AND DRUG ADMINISTRATION), OR NIH (NATIONAL INSTITUTES OF HEALTH). NEITHER THIS WEBSITE, ITS AUTHORS, NOR THE COMPANY SERVICES CLAIM TO CURE, PREVENT, DIAGNOSE, OR TREAT ANY DISEASE OR HEALTH CONDITION. ALWAYS CONSULT A QUALIFIED HEALTHCARE PROFESSIONAL BEFORE CHANGING YOUR DIET OR MEDICATIONS OR BEGINNING ANY MEDICAL ROUTINE.
SHOULD YOU HAVE ANY HEALTH-RELATED QUESTIONS, PLEASE CALL OR SEE YOUR PHYSICIAN OR OTHER MEDICAL PROVIDER PROMPTLY. SHOULD YOU HAVE AN EMERGENCY, CALL YOUR PHYSICIAN OR 911 IMMEDIATELY.
YOU SHOULD NEVER DISREGARD MEDICAL ADVICE OR DELAY IN SEEKING MEDICAL ADVICE BECAUSE OF THE COMPANY SERVICES OR ANY INFORMATION PRESENTED ON THE WEBSITE, AND YOU SHOULD NOT USE THE COMPANY SERVICES OR ANY INFORMATION PROVIDED ON THE WEBSITE FOR DIAGNOSING OR TREATING A HEALTH PROBLEM.
THE TRANSMISSION AND RECEIPT OF COMPANY SERVICES, IN WHOLE OR IN PART, OR COMMUNICATION VIA THE INTERNET, EMAIL, OR OTHER MEANS DOES NOT CONSTITUTE OR CREATE A DOCTOR-PATIENT, THERAPIST-PATIENT, OR OTHER HEALTHCARE PROFESSIONAL RELATIONSHIP BETWEEN YOU AND THE COMPANY.
YOU AGREE THAT THE COMPANY HAS NOT MADE ANY GUARANTEES ABOUT THE RESULTS OF TAKING ANY ACTION, WHETHER RECOMMENDED ON THIS WEBSITE OR NOT. THE COMPANY PROVIDES EDUCATIONAL AND INFORMATIONAL RESOURCES THAT ARE INTENDED TO HELP USERS OF THE COMPANY SERVICES. YOU NEVERTHELESS RECOGNIZE THAT YOUR ULTIMATE SUCCESS OR FAILURE WILL BE THE RESULT OF YOUR OWN EFFORTS, YOUR PARTICULAR SITUATION, AND INNUMERABLE OTHER CIRCUMSTANCES BEYOND THE CONTROL AND/OR KNOWLEDGE OF THE COMPANY. YOU ALSO RECOGNIZE THAT PRIOR RESULTS DO NOT GUARANTEE A SIMILAR OUTCOME. THUS, THE RESULTS OBTAINED BY OTHERS USING THE COMPANY SERVICES – WHETHER CLIENTS OR CUSTOMERS OF THE COMPANY OR OTHERWISE – ARE NO GUARANTEE THAT YOU OR ANY OTHER PERSON OR ENTITY WILL BE ABLE TO OBTAIN SIMILAR RESULTS.
BY USING THIS WEBSITE , YOU AGREE THE COMPANY IS NOT RESPONSIBLE FOR ANY HEALTH PROBLEMS THAT MAY RESULT FROM INFORMATION YOU LEARN ABOUT THROUGH THE WEBSITE OR THE COMPANY SERVICES AND THAT YOU ACCEPT PERSONAL RESPONSIBILITY FOR THE RESULTS OF YOUR ACTIONS. YOU UNDERSTAND THAT THERE ARE RISKS ASSOCIATED WITH THE USE OF THE COMPANY SERVICES. USE OF THE COMPANY SERVICES IMPLIES THAT YOU ASSUME ALL RISKS, KNOWN AND UNKNOWN, INHERENT TO SUCH MODALITIES AND INFORMATION, AND PHYSICAL CHANGES AND/OR INJURIES WHICH MAY RESULT FROM THE USE OF THE COMPANY SERVICES.
YOU AGREE TO TAKE FULL RESPONSIBILITY FOR ANY HARM OR DAMAGE YOU SUFFER AS A RESULT OF THE USE, OR NON-USE, OF THE INFORMATION AVAILABLE ON THIS WEBSITE OR THE COMPANY SERVICES. YOU AGREE TO USE JUDGMENT AND CONDUCT DUE DILIGENCE BEFORE USING THE COMPANY SERVICES OR TAKING ANY ACTION OR IMPLEMENTING ANY PLAN OR POLICY SUGGESTED OR RECOMMENDED ON THIS WEBSITE.
Accessing the Website and Company Services; Account Security
We reserve the right to withdraw or amend the Website or Company Services, at our sole discretion without notice. We will not be liable if for any reason all or any part of the Website or Company Services are unavailable at any time or for any period.
From time to time, we may restrict access to some, or all, parts of the Website or Company Services to users, including registered users. You are responsible for both:
-
Making all arrangements necessary for you to have access to the Company Services; and
-
Ensuring that all persons who access the Website or Company Services through your internet connection are aware of these Terms and Conditions and comply with them.
To access the Website or Company Services, you may be asked to provide certain registration details or other personal information. It is a condition of your use of the Website or Company Services that all the information you provide is correct, current, and complete. You agree that all information you provide to use the Website, or register for Company Services or otherwise, including, but not limited to, through the use of any interactive features on the Website, is governed by our Privacy Policy, found at https://www.divinichi.com/privacy-policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.
If you choose, or are provided with, a user name, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You are responsible for maintaining the confidentiality of any login information associated with any account you use to access the Website or Company Services. Accordingly, you are responsible for all activities that occur under your account/s. You also acknowledge that your account is personal to you and agree not to provide any other person with access to this Website or portions of it using your username, password or other security information. You agree to notify us immediately of any unauthorized access to or use of your username or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.
You agree that we have the right to and may, at our sole discretion, to disable any username, password, or other identifier, whether chosen by you or provided by us, or to suspend or terminate your access to all or part of the Website or Company Services, at any time, with or without notice and for any reason, including, without limitation, breach of any portion of these Terms and Conditions. Any suspected illegal, fraudulent or abusive activity may be grounds for terminating your access and may be referred to appropriate law enforcement authorities. Upon suspension or termination, your right to use the Website and Company Services will immediately cease, and we reserve the right to remove or delete any information that you may have on file with us, including any account or login information.
Enrollment Fee
To access the Website and Company Services, you must create an account and provide accurate and complete information. YOU ACKNOWLEDGE THAT THE COMPANY SERVICES ARE A MONTHLY SUBSCRIPTION. YOU AGREE TO THE ENROLLMENT FEE STATED ON YOUR PURCHASE RECEIPT.
You may cancel the Company Services at any time, as specified below. If you cancel the Company Services and decide to later reactivate them, an additional enrollment fee will be collected at time of reactivation. For Professional Plan Subscribers, the reactivation enrollment fee will be waived if reactivation occurs within sixty (60) days of cancellation; this waiver is limited to one (1) time within a twelve (12) month period.
You acknowledge and agree that it is your responsibility to use the Company Services correctly, legally, and in accordance with these Terms and Conditions. The Company is not responsible for internet services, connectivity, or outages, or your ability/inability to access the Website or Company Services for any reason.
The Website and Company Services are for personal use only and shall not be used in a professional setting or practice, such as a medical office, without specific written permission granting licensing for that purpose from the Company. DiviniChi Professionals will be launching later in 2024 for professional practitioners.
You agree to use the Company Services for yourself and members within your household (i.e. persons living within your physical residential unit). You agree not to engaging in “account sharing” or “subscription sharing,” which involves giving someone else access to your account credentials (username and password) to access Company Services, allowing them to use Company Services without having their own subscription. You acknowledge and agree that sharing Company Services with individuals outside your household is a violation of the Terms and Conditions which may result in termination of Company Services. The Company reserves the right, in its sole discretion, to suspend or terminate access to Company Services at any time, without notice.
If your account is terminated by the Company, it is not eligible for reactivation. Attempts to evade account termination and regain access to the Company Services by creating a new account or having someone create a new account on your behalf is a violation of these Terms and Conditions and will result in the immediate termination of the new account(s) as well.
Monthly Subscription Fee
YOU AGREE TO THE MONTHLY SUBSCRIPTION FEE STATED ON YOUR PURCHASE RECEIPT. This means that you will be billed in advance on a recurring, monthly basis (each period is called a “billing cycle”). This monthly subscription fee will be automatically renewed each month on or about the same day each month until it is cancelled, as specified below.
You agree to provide the Company a credit or debit card to be processed each month for payment of the monthly subscription fee. You further agree to maintain updated and valid credit card information with us through the term of your subscription. If a monthly subscription charge is declined by your bank card provider, we may immediately disable your access to the Company Services.
For Florida residents, sales tax is included in the monthly subscription fee. For persons or entities accessing the Company Services in other jurisdictions, you are responsible for any taxes or duties associated with the sale of the Company Services, including any related penalties or interest (collectively, “Taxes”). You will pay the Company for the Company Services without any reduction for Taxes.
No refunds; Unauthorized Charges; Cancellation of Monthly Subscription
All sales are final. All fees and charges, including charges for automatically renewed monthly subscriptions, are nonrefundable.
Unless you notify the Company in writing of any discrepancies or unauthorized charges within sixty (60) days after they first appear on your credit card statement, they will be deemed accepted by you for all purposes, including resolution of inquiries made by your card issuer. You release the Company from all liabilities and claims of loss resulting from any billing error or discrepancy that is not reported to the Company in writing within sixty (60) days of its first appearance on an invoice or credit card statement.
You may cancel your subscription at any time, through your account settings. Once you have terminated the subscription, we will stop billing your credit or debit card until and unless you re-subscribe. Upon cancellation, you (a) will not receive a refund for the billing cycle during which you cancel your subscription; and (b) will be able to access the Company Services until the conclusion of the billing cycle during which the cancellation was made. Termination of your subscription shall not relieve you of any obligations to pay accrued charges.
Changes to Subscription Plans and Monthly Fee
The Company may change the subscription plans and monthly subscription fees from time to time. Any such change will become effective only at the end of the then-current billing cycle of your subscription. The Company will provide you with at least fourteen (14) days’ notice of any change in subscription plans or fees at your designated email address to give you an opportunity to cancel your subscription before the change becomes effective. YOUR CONTINUED USE OF THE MONTHLY SUBSCRIPTION FOLLOWING THE EFFECTIVE DATE OF A CHANGE TO THE SUBSCRIPTION PLANS OR MONTHLY SUBSCRIPTION FEES SHALL CONSTITUTE YOUR ACCEPTANCE OF SUCH CHANGE.
Collection Fees
Should collection of fees become necessary, you hereby expressly agree to pay all actual costs of collection plus an additional 35% of the amount outstanding, whether or not the delinquent account is turned to an outside collection agency. You further agree to pay all court costs and attorneys’ fees, through appeal, should legal action become necessary.
Intellectual Property Rights
The Website and Company Services’ entire contents, features, functionality (including but not limited to all information, content, software, text, displays, images, video, and audio, and the design, selection, compilation, and arrangement thereof), are owned by the Company, its licensors, or other owners and providers of such content and are protected by United States of America and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws. All such content contained on the Website and the Company Services must be presumed to be proprietary and copyrighted. You will use the Website and Company Services and the content thereon solely for your individual use, and will make no other use of it without the express written permission of the Company and the copyright owner(s). You agree that you do not acquire any ownership rights in any portion of the Website, Company Services, or any content thereon.
You are granted a non-exclusive, non-transferable, limited, revocable license to access and use the Website and the Company Services strictly in accordance with these Terms and Conditions. This license shall automatically terminate if you violate any of these intellectual property restrictions, or any other portion of these Terms and Conditions, and may be terminated by the Company at any time. Upon termination of this license, you must destroy any downloaded materials in your possession whether in electronic or printed format.
Unless you have entered into an express written contract with the Company to the contrary, visitors, viewers, subscribers, members, affiliates, or customers have no right to use this information in a commercial or public setting; they have no right to reproduce, reverse engineer, broadcast, copy, save, store, distribute, transmit, sell, publicly perform, publish, create derivatives of, or exploit for any commercial purpose, any portion of the Website or Company Services. Such unauthorized use is unlawful and may subject you to civil or criminal penalties. As a condition of your use of the Website or Company Services, you warrant to the Company that you will not use the Website or Company Services for any purpose that is unlawful or prohibited by these Terms and Conditions.
Unless expressly authorized by the Company in writing, no one may hyperlink any portion of the Website or Company Services (including, but not limited to, logotypes, trademarks, branding or copyrighted material) to theirs for any reason. Further, you are not allowed to reference the url (website address) of this website in any commercial or non-commercial media without the Company’s express written permission, nor are you allowed to ‘frame’ the site and portion of the Website or Company Services. You specifically agree to cooperate with the Company to remove or de-activate any such activities and be liable for all damages resulting from a violation of this provision.
All rights not expressly granted are reserved by the Company. Any use of the Website or Company Services not expressly permitted by these Terms and Conditions is a breach of these Terms and Conditions and may violate copyright, trademark, and other laws. If you wish to make use of any Website or Company Services content, please address your request to: publicrelations@divinichi.com.
Trademarks
The Company name, logo, slogan, certain terms on the Website or Company Services, and all related names, logos, product and service names, designs, and slogans are trademarks of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of the Company. All other names, logos, product and service names, designs, and slogans on the Website are the trademarks of their respective owners, and must not be used without their prior written consent. Unauthorized use of such marks is unlawful and may subject you to civil or criminal penalties.
Prohibited Uses
You may use the Website and Company Services only for lawful purposes and in accordance with these Terms and Conditions. You agree not to use the Website or Company Services:
-
In any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).
-
For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content or otherwise.
-
To send, knowingly receive, upload, download, use, or re-use any material that does not comply with the intellectual property provisions set out in these Terms and Conditions.
-
To transmit, or procure the sending of, any advertising or promotional material, including any "junk mail," "chain letter," "spam," or any other similar solicitation.
-
To impersonate or attempt to impersonate the Company, a Company employee, another user, or any other person or entity (including, without limitation, by using email addresses or screen names associated with any of the foregoing).
-
In any manner that could damage, disable, overburden, impair, interrupt or impair the Website or Company Services, or interfere with any other party’s use and enjoyment of the Website or Company Services, including their ability to engage in real time activities through the Website or Company Services, or expose them to liability.
Additionally, you agree not to:
-
Remove any copyright or other proprietary notations from the Website or Company Services.
-
Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.
-
Attempt to gain unauthorized access to, interfere with, damage, or disrupt any portions of the Website or Company Services, the server on which they are stored, or any server, computer, or database connected to the Website or Company Services.
-
Attack the Website or Company Services via a denial-of-service attack or a distributed denial-of-service attack.
-
Reverse engineer, decompile, or disassemble the Website or Company Services.
-
Otherwise attempt to interfere with the proper working of the Website or Company Services.
Monitoring and Enforcement; Termination
The Company has right, in its sole discretion, to:
-
Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Website or Company Services.
-
Terminate or suspend your access to all or part of the Website or Company Services, with or without notice, for any or no reason, including without limitation, any violation of these Terms and Conditions, or any suspected illegal, fraudulent or abusive activity.
Without limiting the foregoing, we have the right to cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Website or Company Services. YOU WAIVE AND HOLD HARMLESS THE COMPANY AND ITS AFFILIATES, LICENSEES, AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY THE COMPANY DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY EITHER THE COMPANY OR LAW ENFORCEMENT AUTHORITIES.
Information About You and Your Visits to the COMPANY Service
All information we collect on the Website is subject to our Privacy Policy, which is found at https://www.divinichi.com/privacy-policy. By using Website or Company Services, you consent to all actions taken by us with respect to your information in compliance with our Privacy Policy.
Third-Party Links
If the Website or Company Services contain links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. The inclusion of any link does not imply endorsement by the Company of the site to which it leads, or any association with its operators. If you decide to access any third-party links on the Website or Company Services, you do so entirely at your own risk and subject to the terms and conditions of use, privacy policies, and other rules governing the use of such websites.
Geographic Restrictions
The Company is based in the State of Florida in the United States of America and is a Florida limited liability corporation. We make no claims that the Website or Company Services or any content thereon is accessible or appropriate outside of the United States. Access to the Website or Company Services may not be legal by certain persons or in certain countries. If you access the Website or Company Services from outside the United States, you do so on your own initiative and are responsible for compliance with local laws. You agree that you will not use the Website or Company Services or any content thereon in any country or in any manner prohibited by any applicable laws, restrictions or regulations.
Disclaimer of Warranties
YOUR USE OF THE WEBSITE, THE COMPANY SERVICES, THE CONTENT THEREON, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR COMPANY SERVICES IS AT YOUR OWN RISK.
THE WEBSITE, THE COMPANY SERVICES, THE CONTENT THEREON, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR COMPANY SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY COMPANY ENDORSEMENTS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE PERFORMANCE, OPERATION, COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE WEBSITE OR COMPANY SERVICES. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE WEBSITE, THE COMPANY SERVICES, THE CONTENT THEREON, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR COMPANY SERVICES WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED; THAT DEFECTS WILL BE CORRECTED; THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR THAT THE WEBSITE, THE COMPANY SERVICES, THE CONTENT THEREON, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR COMPANY SERVICES WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
TO THE FULLEST EXTENT PROVIDED BY LAW, THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, TITLE, AND FITNESS FOR PARTICULAR PURPOSE. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
You understand that we cannot and do not guarantee or warrant connectivity between you and the Website or Company Services. You are responsible for internet service and the implementation of sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data.
Limitation on Liability
YOU AGREE THAT TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL THE COMPANY, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF, RELATED TO, OR IN CONNECTION WITH YOUR USE OF, OR INABILITY TO USE, THE WEBSITE, COMPANY SERVICES, ANY WEBSITES LINKED TO IT, OR ANY CONTENT ON THE WEBSITE OR COMPANY SERVICES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EQUITABLE, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE. THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE WEBSITE OR COMPANY SERVICES, OR WITH ANY OF THESE TERMS AND CONDITIONS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE WEBSITE AND COMPANY SERVICES.
Indemnification
You agree to defend, indemnify, and hold harmless the Company, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees through appeal) arising out of or relating to your violation of these Terms and Conditions or your use of the Website or Company Services, including, but not limited to, any use of the Website’s or Company Services’ content, services, and products other than as expressly authorized in these Terms and Conditions, or your use of any information obtained from the Website or Company Services. The Company is not seeking indemnification for its own negligence.
Governing Law and Jurisdiction; Dispute Resolution
By visiting the Website and using the Company Services, you agree that all matters relating to the Website, Company Services, and these Terms and Conditions, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the laws of the State of Florida in the United States of America without giving effect to any choice or conflict of law provision or rule (whether of the State of Florida or any other jurisdiction).
You agree that prior to filing a lawsuit to resolve any controversies, disputes, or claims arising out of or related to the Website, Company Services, and/or these Terms and Conditions, you must first serve written notice to the Company at accountsmanager@divinichi.com of the alleged loss, setting forth in detail the nature of the alleged claim and the itemization of remedies sought. You must then submit to presuit non-binding mediation in good faith with a mediator of the Company’s reasonable choice, bearing 50% of the mediation expense. Presuit mediation may occur either in Palm Beach County, Florida, or remotely, via an electronic service such as Zoom, Skype or Microsoft Teams. Time is of the essence, and the parties shall use their best efforts to mediate in an expeditious fashion. Failure to serve proper notice or to mediate in good faith shall serve as a waiver of any rights to pursue litigation against the Company.
You also agree to waive any right to assert any claims against the Company as a representative or member in any class or representative action, except where such waiver is prohibited by law or deemed by a court of law to be against public policy, and you agree to waive all rights to such class or representative proceedings. No judge may consolidate or join the claims of other persons or parties who may be similarly situated against the Company.
Notwithstanding the foregoing, either party may bring a lawsuit solely for injunctive relief to stop unauthorized use or abuse of the Website, Company Services, or violation of any intellectual property rights.
Subject to the mandatory presuit mediation provision, the parties irrevocably consent to bring any action to resolve or enforce claims arising under or relating to this Agreement in the federal or state courts in Palm Beach County, Florida, and each party irrevocably submits to the exclusive jurisdiction of such courts in any such suit, action, or proceeding, and waives any jurisdictional, venue, or inconvenient forum objections to such courts.
The prevailing party in any dispute regarding the Website, Company Services, and/or these Terms and Conditions, or otherwise between the parties to these Terms and Conditions, agrees to pay all reasonable expenses, costs and fees, including attorneys’ fees and all arbiter’s fees, associated with the dispute, through appeal. This includes disputes arising out of or relating to the interpretation or application of this mandatory arbitration provision, including its enforceability, revocability, or validity. An award of arbitration may be confirmed in a court of competent jurisdiction.
Waiver of Claims Against the Company
YOU AGREE THAT ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS, THE WEBSITE, OR THE COMPANY SERVICES, SHALL BE DEEMED WAIVED IF NOT COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES.
Waiver and Severability
No waiver by the Company of any term or condition set out in these Terms and Conditions shall be deemed a further or continuing waiver of such term or condition, or a waiver of any other term or condition. Any failure of the Company to assert a right or provision under these Terms and Conditions shall not constitute a waiver of such right or provision.
If any provision of these Terms and Conditions is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of these Terms and Conditions will continue in full force and effect.
Entire Agreement
The Terms and Conditions and our Privacy Policy constitute the sole and entire agreement between you and the Company regarding the Website and Company Services and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Website and/or Company Services.
There are no third-party beneficiaries of these Terms and Conditions.
Your Comments and Concerns
The Website and Company Services are operated by DiviniChi, LLC.
All other feedback, comments, requests for support, and other communications relating to the Company Service should be directed to: accountsmanager@divinichi.com.
Revision Date: June 19, 2024